LEGAL MALPRACTICE INSURANCE improperly rescinded, voided ab initio, as to innocent partner of partner who stole from clients. . . ruling upholding rescission understandable as based on erroneous precedent that insurers had statutory right to rescission without equitable considerations. . . stare decisis does not require perpetuation of incorrect precedent. . . 3rd-party claims properly barred because they were lodged after policy canceled or under criminal exclusion. . . Haynes reversed, affirmed. [Read more…]
Real estate, dual agent malpractice, expert
REAL ESTATE: JML properly granted on prospective buyer’s claim of intentional interference with buy-sell… summary judgment on realtor malpractice claim improperly granted for lack of expert… JML improperly granted for dual-agent realtor on breach of contract/covenant/ damage claims… Newman affirmed, reversed. [Read more…]
Safe workplace, icy walkway slip, subcontractors
SAFE WORKPLACE: Project manager responsible for overseeing maintenance of walkways at generating station project, owed duty to employee of other subcontractor who slipped & fell on icy walk… Dayton. [Read more…]